Prenuptial Agreements

The idea of a party entering into an agreement to protect their financial wealth upon marriage is nothing new. On 19 July 1763, Captain Arthur Phillip (and later first Governor of the New South Wales) married Margaret Tybott, a wealthy widow of merchant John Denison who was 17 years his senior. Margaret insisted he sign …

A decision on binding financial agreements from the High Court of Australia in the case Thorne v Kennedy was handed down on 8 November 2017. Concern has been expressed that this “means the end of Binding Financial Agreements – Binding Financial Agreements will no longer be enforced”. This is far from the case. Facts of …

In Western Australia, a “prenup” is referred to as a Binding Financial Agreement (BFA). Many couples discuss the option of entering into a prenuptial agreement prior to getting married. One question we often get is whether the mutual benefits of entering into a prenup outweighs the risks associated if you decide to separate. Pros of …

A Binding Financial Agreement (“BFA”) is a written agreement between parties to a marriage or de facto relationship. Couples can enter into a BFA when they are contemplating marriage or cohabitation (commonly known as a “pre-nuptial agreement”), during the relationship, or following separation. The focus of this article is on “pre-nuptial” agreements. A BFA can …

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